Married to US Citizen, Waiting for H1B Renewal

Adjusting to green card from a nonimmigrant work visa should be done thoughtfully.

I Recently Answered the Following Question:

I am currently waiting for my H1B renewal to be approved.  When I get married to my U.S. citizen fiancee, can I file for adjustment of status while my H1B is still pending?


Yes, you can start the green card process by filing the Immediate Relative petition (I-130), Adjustment of Status application (I-485), Employment Authorization (I-765) and Advance Parole (I-131).  The pending H1B application won't affect the process.

IMPORTANT!  I suggest continuing with your H1B renewal AND status until your green card is in hand--even if you receive an interim EAD.  If, for some reason, your green card is denied you will still be in H1B status and no additional action would be required.  Other attorneys do argue, however, that it is better to change your work status to EAD. This preserves a certain amount of time being deducted from one's H1B clock, in case the green card is denied and you have to go back to H1B.  The drawback is that it would involve departing the country and returning on the H1B, but at least that option is available albeit inconvenient.  I usually advise one of these approaches depending on the individual's circumstances.

P.S. Congrats on your upcoming nuptials, and here's the title song from Madonna!


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